Opinion
No. 98-41129.
February 14, 2000.
David Haskell Henderson, Jr., Asst. U.S. Atty., Beaumont, TX, for Plaintiff-Appellee.
Denise S. Benson, Beaumont, TX, Amy R. Blalock, Tyler, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Texas; Joe J. Fisher, Judge.
Before GARWOOD, SMITH, and BENAVIDES, Circuit Judges.
ON PETITION FOR REHEARING
(Opinion Dec. 23, 1999, 5th Cir. 1999, 199 F.3d 193, 203)
The petition for rehearing is DENIED. In response to the petition for rehearing, however, the court acknowledges that the evidence found at the residence is not necessarily to be excluded, given that there were independent sources of information that formed the basis of the search warrant for the house. Accordingly, the sentence indicating to the contrary is hereby deleted. See United States v. Dortch, 199 F.3d 193, 203 (5th Cir. 1999).
Judge Garwood dissents from denial of rehearing.